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Full-Text Articles in Law
Abolishing State Trademark Registrations, Lee Ann Lockridge
Abolishing State Trademark Registrations, Lee Ann Lockridge
Lee Ann W. Lockridge
No abstract provided.
Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender
Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender
H. Allan Hunt
No abstract provided.
Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol
Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol
D. Daniel Sokol
The potential goals of antitrust are numerous. Goals matter to antitrust. We believe that it is total welfare rather than consumer welfare that should drive antitrust analysis. We use this Article as an opportunity to explore both a comparative analysis of welfare standards across E. U. and US. competition systems and the impact of welfare standards on global antitrust systemwide welfare.
In this Article, we analyze two types of situations in which there would be a different outcome based on the goal implemented. One scenario involves resale price maintenance (RPM). For RPM, we argue that even if there were a …
Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon
Jonathan S Simon
The article presents a historical interpretation of changes in the penal system of the U.S. Penology is linked with incarceration rate outcomes. Rhetoric is considered in consistency with penalty themes and rehabilitation. The practice of positivist criminology is reflected when proponents viewed themselves as opposition to legal officials' crime control policy ideas.
Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon
Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon
Jonathan S Simon
Deals with a study which explored the complex entanglements of democracy and governing through crime in the United States. Discussion on crime control as an integral part of democratic penal traditions; How the embedding of governing through crime into the new regime of liberal governance took shape in the country; Details on the adoption of `Megan's Law.'
The Ideological Effects Of Actuarial Practices, Jonathan Simon
The Ideological Effects Of Actuarial Practices, Jonathan Simon
Jonathan S Simon
Over the last century, there has been significant growth of practices that distribute costs and benefits to individuals based on statistical knowledge about the population. These actuarial practices, like insurance premium setting and standardized testing in educational admissions, are successful largely because they allow power to be exercised more effectively and at lower political cost. At the same time, they generate ideological effects that have the potential to transform the way individuals understand themselves and their groups. In a 1978 case, 'City of Los Angeles Department of Water and Power' v. 'Manhart,' the Supreme Court considered a challenge to the …
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry, Laura Ho, Catherine Powell, Leti Volpp
Leti Volpp
The article examines the challenges garment workers in the U.S. face in asserting their rights in the global economy and investigates how transnational advocacy can be deployed to compensate for the inability of U.S. labor laws to respond to problems with international dimensions. Using a purely domestic U.S. legal framework, advocates can attack the problem of transnational corporations subcontracting in the U.S. Such efforts, however, will have limited effect because of the global nature of the garment industry. Most efforts to change the structure of the garment industry have occurred within the limitations of U.S. law, even while there has …
Talking Culture: Gender, Race, Nation, And The Politics Of Multiculturalism, Leti Volpp
Talking Culture: Gender, Race, Nation, And The Politics Of Multiculturalism, Leti Volpp
Leti Volpp
Responds to Doriane Lambelet Coleman's position on cultural defenses and the politics of multiculturalism in the United States. Addressing of the limited presentation of culture as bound by certain anthropological constructions; Discussion on Coleman's adherence to neutral principles and her promotion of culture blindness; Depiction of non-European immigrant culture as primitive.
Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski
Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski
Michael J. Malinowski
No abstract provided.
Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt
Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt
Michael J. Malinowski
No abstract provided.
U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean M. Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean M. Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Brook K. Baker
No abstract provided.
Danbury Hatters In Sweden: A U.S. Perspective On The Available Remedies And Sanctions For Employers Who Suffer Unfair Labor Practices By Labor Unions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: A U.S. Perspective On The Available Remedies And Sanctions For Employers Who Suffer Unfair Labor Practices By Labor Unions, César F. Rosado Marzán, Margot Nikitas
César F. Rosado Marzán
The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
High Courts And Election Law Reform In The United States And India, Manoj Mate
High Courts And Election Law Reform In The United States And India, Manoj Mate
Manoj S. Mate